Mr S Mathers v Able Skip Hire Ltd: 2405821/2020
JUDGMENT
[1]The claim of direct discrimination fails and is dismissed.[2]The claim of discrimination arising as a consequence of the claimant’s disability is well founded and succeeds.[3]The claim of victimisation fails and is dismissed.[4]The claim of unauthorised deductions in respect of accrued holiday pay is well founded and succeeds.[5]The claim that the respondent breached the claimant’s contract of employment by failing to provide notice is well founded and succeeds.[6]The claim that the respondent failed to provide the claimant with a statement of his main terms and conditions of employment contrary to section 1 of the Employment Rights Act 1996 is well founded and succeeds.REASONS
There is no reasonable prospect of the original decision being varied or revoked. The pay slips which the respondent now seeks to rely upon, although it states were available at the time of the hearing, were not produced to the Tribunal and did not form part of the joint bundle of documents. Mr Johnstone referred to a schedule of amounts paid to the claimant but was unable to verify such amounts by reference to pay slips. The Tribunal’s calculations were based upon pay slips before it. JUDGMENT ON REMEDY[1]The respondent is ordered to pay to the claimant compensation of £7890.81 (which includes an injury to feelings award of £7000, loss of earnings of £218.90 and interest of £671.91) relating to the finding of discrimination arising from his disability.[2]The respondent ordered to pay to the claimant the gross sum of £170.00 in respect of his claim for accrued holiday pay.[3]The respondent is ordered to pay to the claimant the net sum of £441.74 as damages for breach of contract in not providing him with one week’s notice.[4]The respondent is ordered to pay to the claimant the sum of £1756.00 being four weeks gross pay for failing to provide the claimant with a statement of main terms and conditions of employment contrary to section 1 Employment Rights Act 1996.